Allowed

The Shirpur Education Society R C Patel Institute of Pharmacy Shirpur Thru Its Principal N G Haswan v. the State of Maharashtra and Others

Bombay HC23 Jun 2017WP/6701/2016

Case brief

AI extract

What is this about?

The High Court allowed the writ petition directing respondents to quash orders varying intake capacity and allot students as per AICTE approvals for academic years 2016-2017 and 2017-2018. The court also directed grant of affiliation and compliance of formalities, subject to the Supreme Court's final decision on AICTE supremacy.

What did the court decide?

Quashing of impugned orders, direction to allot students per AICTE capacity, and direction to grant affiliation.

The Shirpur Education Society R C Patel Institute of… — Education and Admissions | Bombay HC (2017)

¶1

Writ Petition No.6701/2016

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

¶4

WRIT PETITION NO.6701 OF 2016 WITH CIVIL APPLICATION NO.7899 OF 2017

¶5

The Shirpur Education Society's R.C. Patel Institute of Pharmacy Shirpur, Through its Principal, Dr. Nitin Ghanshamdas Haswani, Age : 37 years, Occu. Service, R/o Shirpur, Tq. Shirpur, District Dhule.

¶6

... PETITIONER

¶7

VERSUS

¶8

The State of Maharashtra Through its Secretary, Higher Technical Education and Employment Department, Government of Maharashtra, Mantralaya, Mumbai – 400 032

¶9

The Director of Technical Education, Government of Maharashtra, 3, Mahapalika Marg, Mumbai-400 001

¶10

(Copy of respondent No.1 and 2 to be served on Govt. Pleader, High Court of Bombay, Bench at Aurangabad)

¶11

All India Council for Technical Education, 7^th Floor, Chandralok Building, Janpath, New Delhi-110 001, Through its Member Secretary,

¶12

The Pharmacy Council of India, Through its Registrar Cum Secretary, Combined Council Building, Kotala Road, Ali Yavarjang Marg, New Delhi-110 002

¶13

Maharashtra State Board of Technical Education 49, Govt. Polytechnic Building, Kherwadi Bandra (East), Mumbai. ... RESPONDENTS

¶14

Writ Petition No.6701/2016

¶15

¶16

Shri.D.S.Bagul, Advocate for petitioner Shri.A.V.Deshmukh, AGP for respondent No.1 & 2 Shri.S.V.Adwant, Advocate for respondent No.3 Shri.Bhushan Kulkarni, Advocate for respondent No.4

¶17

CORAM: ANOOP V. MOHTA AND SUNIL K. KOTWAL, JJ. DATED: 23rd June, 2017.

¶18

ORAL JUDGMENT (Per Anoop V. Mohta, J.):

¶19

The petitioner's education trust/ institution has filed the present writ petition again as the respondents, specifically respondents No.2 and 4, denying the prayed intake capacity, in spite of orders passed by this Court from time to time since 2013-2014 till this date permitting the petitioner's college by retaining intake capacity to the First Year Diploma in Pharmacy based upon the AICTE order/ approval for the respective years, including the academic year 2017-2018. We have noted all those orders passed by this Court, dated 18/7/2013, 18/6/2014, 30/6/2015 and 27/6/2016. Therefore, there is no reason to discontinue the said position on facts, specifically when the AICTE being a supreme authority, has accorded sanction so required including the intake capacity till this date.

¶20

Writ Petition No.6701/2016

¶21

¶22

This Bench, in Writ Petition No.6259/2017 (Shri Vile Parle Kelvani Mandal Vs. State of Maharashtra & others) and Writ Petition No.7706/2017 (Jijamata Shikshan Prasarak Mandal's Kamlatai College of Architecture Vs. State of Maharashtra & ors.), considering the scheme, purpose and object of AICTE and its supremacy including the order passed by the Hon'ble Supreme Court pending the issue of supremacy about AICTE and/or Pharmacy Council and subject to the Supreme Court decision, directed the respondents to grant affiliation/ permission to start college for academic year 2017-2018, as approved and sanctioned by AICTE. Therefore, for the same reason, and in view of above factual position on record, the writ petition is allowed to the following extent :

¶23

O R D E R

¶24

(a) The Writ Petition is allowed in terms of prayer clause (B), which reads as under :

¶25

(B) By way of appropriate writ, order or direction in the like nature, the impugned order dated 2/6/2016 (Exh.P), and 5/6/2017 passed by the respondent No.2 in respect of variation made in the intake capacity of petitioner College for Diploma Pharmacy Course may kindly be quashed and set aside and the respondents be

¶26

Writ Petition No.6701/2016

¶27

¶28

directed to allot the students as per the intake capacity approved by the AICTE for the academic year 2016-2017 and 2017-2018.

¶29

(b) Respondent Nos.4 and 5 are directed to grant affiliation/ permission to petitioner to start college for the academic years 2015-2016, 2016-2017 and 2017-2018, as approval/ sanctioned by the AICTE by order dated 10/4/2017 forthwith.

¶30

¶31

(d) The petitioner to comply with all the formalities and remove all defects, if any.

¶32

(e) Respondent No.4 to have complete inspection, if necessary, within two weeks and deficiencies, if any, need to be removed at the earliest by the petitioner institution.

¶33

This order is subject to final order of the Supreme Court as the issue about the supremacy of AICTE over Pharmacy Council and/or Council for Architecture is still pending. Rule is

¶34

Writ Petition No.6701/2016

¶35

¶36

made absolute in above terms.

¶37

Respondents also to intimate to the students about

¶38

the pendency of the issue in the Court.

¶39

In view of disposal of the Writ Petition, Civil

¶40

Application No.7899/2017 stands disposed of.

¶41

The parties to act on the authenticated copy of this

¶42

order.

¶43

(SUNIL K. KOTWAL) JUDGE

¶44

(ANOOP V. MOHTA) JUDGE

¶45

fmp/

The Shirpur Education Society R C Patel Institute of Pharmacy Shirpur Thru Its Principal N G Haswan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

The Shirpur Education Society R C Patel Institute of Pharmacy Shirpur Thru Its Principal N G Haswan v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Cosmo Films Ltd. Thr General Manager Vs Aurangabad Mathadi and Unprotected Labour Board Thr Chairman and Anr.

Minakshi Uttamrao Rathod and Others Vs the State of Maharashtra and Others

Yeshwant Sambhaji Maldode Vs the State of Maharashtra and Others

The Marathwada Legal and General Education Society, Thr. Its Joint Secretary, Aurangabad and Anothe Vs the State of Maharashtra and Others

Maharani Tarabai Mahila Gram Vikas Pratishthan Vs State of Maha and Ors.

Hotel New Mohini Beer Bar and Permit Room Kallam through Proprietor M v Hagwane Vs the State of Maharashtra and Others